Aboriginal Heritage Regulations 2007
S.R. No. 41/2007
TABLE OF PROVISIONS
Regulation
Page
PART 1—PRELIMINARY
1
2
3
4
1
Objectives
Authorising provisions
Commencement
Definitions
1
2
2
2
PART 2—CULTURAL HERITAGE MANAGEMENT PLANS
7
Division 1—When is a cultural heritage management plan required?
7
5
6
Purpose
When a cultural heritage management plan is required
Division 2—Exempt activities
7
8
9
10
11
12
13
14
15
16
17
18
19
7
7
7
Application
One or two dwellings
Buildings and works ancillary to a dwelling
Services to a dwelling
Alteration of buildings
Minor works
Demolition
Consolidation of land
Subdivision of existing building
Amendments to a statutory authorisation
Jetties
Sea-bed
Emergency works
7
8
8
9
9
9
10
10
10
10
11
11
12
Division 3—Areas of cultural heritage sensitivity
12
20
21
22
23
24
Purpose
Application
Registered cultural heritage places
Waterways
Prior waterways
i
12
12
12
13
13
Regulation
25
26
27
28
29
30
31
32
33
34
35
36
37
38
Page
Ancient lakes
Declared Ramsar wetlands
Coastal Crown land
Coastal land
Parks
High plains
Koo Wee Rup Plain
Greenstone outcrops
Stony rises
Volcanic cones of western Victoria
Caves
Lunettes
Dunes
Sand sheets
Division 4—Areas of cultural heritage sensitivity specified in
Schedule 1
39
40
41
Purpose
Areas of cultural heritage sensitivity
A registered cultural heritage place is an area of cultural
heritage sensitivity
Division 5—High impact activities
42
43
44
45
46
47
48
49
50
51
52
53
54
14
14
15
15
15
16
16
16
17
17
18
18
19
20
21
21
21
21
22
Purpose
Buildings and works for specified uses
Constructing specified items of infrastructure
Dwellings
Subdivision of land
Alpine resorts
Activities requiring earth resource authorisations
Extraction or removal of sand or sandstone
Searching for stone
Extraction or removal of loose stone on agricultural land on
the Victorian Volcanic Plain
Timber production
Dams
Use of land
22
22
23
24
25
25
25
26
27
27
28
29
29
PART 3—STANDARDS FOR THE PREPARATION OF A
CULTURAL HERITAGE MANAGEMENT PLAN
31
Division 1—Assessments
31
55
56
57
58
Purpose
Types of assessment
What does a desktop assessment include?
When is a standard assessment required?
ii
31
31
31
32
Regulation
59
60
61
Page
What does a standard assessment include?
When is a complex assessment required?
What does a complex assessment include?
Division 2—Preparation of a cultural heritage management plan
62
63
64
65
Purpose
Reason for preparation of a cultural heritage management plan
Content of a cultural heritage management plan
Notice of representative
PART 4—STANDARDS FOR THE PREPARATION OF A
CULTURAL HERITAGE AGREEMENT
66
67
Purpose
Maps included in cultural heritage agreements
PART 5—FEES
68
69
70
71
72
73
74
35
35
35
36
36
37
37
37
38
Definitions
Fees payable under section 36(2) of the Act
Part of fee forwarded to registered Aboriginal party or parties
under section 38(3) of the Act
Fee payable under section 62(3) of the Act—only one relevant
registered Aboriginal party
Fee payable under section 62(3) of the Act—2 relevant
registered Aboriginal parties
Fee payable under section 62(3) of the Act—3 or more relevant
registered Aboriginal parties
Fee payable under section 147(2) of the Act
PART 6—TRANSITIONAL
75
76
77
78
32
33
34
38
38
40
40
41
42
44
45
Statutory authorisations
Applications for statutory authorisations
Archaeological surveys
Consents to disturb
__________________
45
45
46
46
SCHEDULES
47
SCHEDULE 1
47
SCHEDULE 2—Cultural Heritage Management Plans
48
1
2
3
4
5
6
Sponsor
Owner or occupier
Cultural heritage advisor
Registered Aboriginal parties
Notices relating to plan
Activity
iii
48
48
48
48
48
49
Regulation
Page
7
8
9
10
11
12
13
Activity area
Details of assessment
Details of subsurface testing and excavation
Written report
Aboriginal cultural heritage
Matters considered in preparation of plan
Contingency plans
═══════════════
ENDNOTES
iv
49
50
50
51
51
52
52
53
STATUTORY RULES 2007
S.R. No. 41/2007
Aboriginal Heritage Act 2006
Aboriginal Heritage Regulations 2007
The Governor in Council makes the following Regulations:
Dated: 25 May 2007
Responsible Minister:
GAVIN JENNINGS
Minister for Aboriginal Affairs
RUTH LEACH
Clerk of the Executive Council
PART 1—PRELIMINARY
1 Objectives
The objectives of these Regulations are to—
(a) specify the circumstances in which a cultural
heritage management plan is required for an
activity or class of activity;
(b) prescribe standards for the preparation of a
cultural heritage management plan including
the carrying out of assessments;
(c) prescribe standards for the preparation of a
map included in a cultural heritage
agreement;
(d) prescribe fees for evaluating a cultural
heritage management plan;
(e) prescribe fees for an application for a
cultural heritage permit;
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(f) prescribe fees for an application to the
Secretary for advice as to whether a record
exists on the Register in relation to a
nominated area of land;
(g) generally give effect to the Aboriginal
Heritage Act 2006.
2 Authorising provisions
These Regulations are made under sections 47
and 194 of the Aboriginal Heritage Act 2006.
3 Commencement
These Regulations come into operation on 28 May
2007.
4 Definitions
In these Regulations—
activity area means the area or areas to be used or
developed for an activity;
area of cultural heritage sensitivity means—
(a) an area specified as an area of cultural
heritage sensitivity in Division 3 of
Part 2; or
(b) if Division 4 of Part 2 applies, an area
specified as an area of cultural heritage
sensitivity in that Division;
building has the same meaning as in the Planning
and Environment Act 1987;
coastal Crown land has the same meaning as in
the Coastal Management Act 1995;
commencement day means the day on which
these Regulations come into operation;
complex assessment means an assessment under
regulation 61;
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Part 1—Preliminary
decision maker has the same meaning as in
section 50 of the Act;
deep ripping means the ploughing of soil using a
ripper or subsoil cultivation tool to a depth of
60 centimetres or more;
desktop assessment means an assessment under
regulation 57;
dwelling has the same meaning as in the VPP;
earth resource authorisation has the same
meaning as in section 50 of the Act;
high impact activity means an activity specified as
a high impact activity in Division 5 of Part 2;
industry has the same meaning as in the VPP;
lot has the same meaning as in the Subdivision
Act 1988;
park has the same meaning as in the National
Parks Act 1975;
planning scheme means a planning scheme in
force under the Planning and Environment
Act 1987;
prior waterway means land which is identified
as—
(a) a "leveed stream course" on Geological
Survey of Victoria map sheet SJ55-2
entitled "Wangaratta" (dated 1974); or
(b) a "prior stream" on Geological Survey
of Victoria map sheet SJ55-1 entitled
"Bendigo" (third edition, 2001); or
(c) a "leveed stream" on Geological Survey
of Victoria map sheets SI54-4 entitled
"St Arnaud" (dated 1976) and SI54-16
entitled "Swan Hill" (dated 1974); or
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(d) a "leveed stream trace" on Geological
Survey of Victoria map sheet SI55-13
entitled "Deniliquin" (dated 1974);
private dam has the same meaning as in the
Water Act 1989;
rail infrastructure has the same meaning as in the
Rail Corporations Act 1996;
registered cultural heritage place means an
Aboriginal place recorded in the Register;
road has the same meaning as in the Road
Management Act 2004;
roadway has the same meaning as in the Road
Management Act 2004;
rock shelter means—
(a) a concave area in a cliff where the cliff
overhangs; or
(b) a concave area in a tor where the tor
overhangs; or
(c) a shallow cave—
where the height of the concave area or
shallow cave is generally greater than its
depth;
significant ground disturbance means
disturbance of—
(a) the topsoil or surface rock layer of the
ground; or
(b) a waterway—
by machinery in the course of grading,
excavating, digging, dredging or deep
ripping, but does not include ploughing other
than deep ripping;
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standard assessment means an assessment under
regulation 59;
statutory authorisation has the same meaning as
in section 50 of the Act;
subdivision has the same meaning as in the
Subdivision Act 1988;
the Act means the Aboriginal Heritage Act 2006;
VPP means the Victoria Planning Provisions
within the meaning of the Planning and
Environment Act 1987;
waterway means—
(a) a river, creek, stream or watercourse the
name of which is registered under the
Geographic Place Names Act 1998; or
(b) a natural channel the name of which is
registered under the Geographic Place
Names Act 1998 in which water
regularly flows, whether or not the flow
is continuous; or
(c) a lake, lagoon, swamp or marsh,
being—
(i) a natural collection of water (other
than water collected and contained
in a private dam or a natural
depression on private land) into or
through or out of which a current
that forms the whole or part of the
flow of a river, creek, stream or
watercourse passes, whether or
not the flow is continuous; or
(ii) a collection of water (other than
water collected and contained in a
private dam or a natural
depression on private land) that
the Governor in Council declares
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under section 4(1) of the Water
Act 1989 to be a lake, lagoon,
swamp or marsh; or
(d) land which is regularly or intermittently
covered by water from a waterway as
described in paragraph (a), (b) or (c)
but does not include—
(i) any artificial channel or work
which diverts water away from
such a waterway; or
(ii) an area covered by the
floodwaters of a waterway; or
(iii) an area, other than the waterway,
designated on a planning scheme
as being a floodway or liable to
flooding or as being subject to
inundation; or
(e) if any land described in paragraph (d)
forms part of a slope rising from the
waterway to a definite lip, the land up
to that lip.
__________________
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Part 2—Cultural Heritage Management Plans
PART 2—CULTURAL HERITAGE MANAGEMENT PLANS
Division 1—When is a cultural heritage management plan
required?
5 Purpose
The purpose of this Part is to prescribe the
circumstances in which a cultural heritage
management plan is required for an activity.
6 When a cultural heritage management plan is
required
A cultural heritage management plan is required
for an activity if—
(a) all or part of the activity area for the activity
is an area of cultural heritage sensitivity; and
(b) all or part of the activity is a high impact
activity.
Note
See regulation 4 for definitions of area of cultural heritage
sensitivity and high impact activity.
Division 2—Exempt activities
7 Application
Despite regulation 6, a cultural heritage
management plan is not required under these
Regulations for an activity if—
(a) the activity consists solely of a use or
development of land that is specified in this
Division as being an exempt activity; or
(b) the activity consists of more than one use or
development of land and each of those uses
or developments is specified in this Division
as being an exempt activity.
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Part 2—Cultural Heritage Management Plans
8 One or two dwellings
(1) The construction of either of the following is an
exempt activity—
(a) one or two dwellings on a lot or allotment;
(b) an extension to one or two dwellings on a lot
or allotment.
(2) In this regulation, a reference to the construction
of one or two dwellings on a lot or allotment does
not include a construction that is part of a high
impact activity referred to in regulation 45.
9 Buildings and works ancillary to a dwelling
(1) The construction of a building is an exempt
activity if it is ancillary to—
(a) an existing dwelling; or
(b) the construction of one or two dwellings on a
lot or allotment.
(2) The construction or carrying out of works is an
exempt activity if it is ancillary to—
(a) an existing dwelling; or
(b) the construction of one or two dwellings on a
lot or allotment.
(3) Without limiting subregulations (1) and (2), the
following activities are exempt activities if they
are ancillary to an existing dwelling or the
construction of one or two dwellings on a lot or
allotment—
(a) constructing or maintaining a garden,
including constructing a retaining wall, and
removing, lopping, destroying or planting
vegetation;
(b) constructing and maintaining a garage,
workshop or shed;
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(c) constructing and maintaining a driveway or
path;
(d) constructing and maintaining a fence;
(e) installing a swimming pool or spa;
(f) installing a water tank.
(4) In this regulation, a reference to the construction
of one or two dwellings on a lot or allotment does
not include a construction that is part of a high
impact activity referred to in regulation 45.
10 Services to a dwelling
The construction or carrying out of works for
reticulated electricity, gas, water, sewerage or
drainage or for telecommunications services is an
exempt activity if the works are located between a
boundary of the land on which a dwelling is
located and the dwelling or a building ancillary to
the dwelling.
11 Alteration of buildings
The following are exempt activities—
(a) the exterior alteration of a building;
(b) the exterior decoration of a building.
12 Minor works
(1) The construction of the following structures is an
exempt activity—
(a) fences or freestanding walls;
(b) temporary seating structures, stages or
platforms.
(2) The construction or carrying out of the following
works is an exempt activity—
(a) works on, over or under an existing roadway
or existing rail infrastructure;
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(b) maintenance or repair works or the removal
of works associated with an existing high
impact activity;
(c) other minor works associated with an
existing high impact activity.
13 Demolition
The demolition or removal of a building is an
exempt activity.
14 Consolidation of land
The consolidation of land within the meaning of
the Subdivision Act 1988 is an exempt activity.
15 Subdivision of existing building
The subdivision of an existing building is an
exempt activity.
16 Amendments to a statutory authorisation
(1) The construction of a building or the construction
or the carrying out of works authorised by an
amendment to a statutory authorisation is an
exempt activity if—
(a) the building or works are located in an area
that has been subject to significant ground
disturbance; and
(b) the statutory authorisation was granted
before the commencement day.
Example
A permit was granted under the Planning and
Environment Act 1987 for a dam before these Regulations
commenced. The dam requires a licence to construct under
section 67(1A) the Water Act 1989. An amendment to the
permit is sought so the dam may be constructed at a
different location on the land. The new location has been
subject to significant ground disturbance. The dam, as
proposed by the amendment, is an exempt activity.
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(2) The construction of a building or the construction
or the carrying out of works authorised by an
amendment to a statutory authorisation is an
exempt activity if—
(a) there is an approved cultural heritage
management plan in relation to the area to be
affected by the building or works; and
(b) the building or works are not inconsistent
with that plan; and
(c) the statutory authorisation was granted after
the commencement day.
Example
A permit was granted under the Planning and
Environment Act 1987 for a motor racing track after these
Regulations commenced. An amendment is later sought to
add a lane to the track, which would enable a larger vehicle
to race. Constructing the additional lane is inconsistent with
a cultural heritage management plan that was approved
before the track was established. The additional lane is not
an exempt activity.
17 Jetties
The construction of a jetty is an exempt activity if
the jetty—
(a) is constructed on—
(i) land used for only one dwelling; or
(ii) land abutting land used for only one
dwelling; and
(b) is to be used only by the occupier of the
dwelling.
18 Sea-bed
The development of the sea-bed of the coastal
waters of Victoria or any sea within the limits of
Victoria is an exempt activity.
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19 Emergency works
(1) The construction or carrying out in an emergency
of works reasonably necessary to protect the
health or safety of a person, to protect property or
to protect the environment is an exempt activity.
(2) In this regulation, emergency has the same
meaning as in the Emergency Management
Act 1986.
Division 3—Areas of cultural heritage sensitivity
20 Purpose
The purpose of this Division is to specify areas of
cultural heritage sensitivity in Victoria.
Note
Under regulation 6, a cultural heritage management plan is
required for an activity if all or part of the activity area is an
area of cultural heritage sensitivity and if all or part of the
activity is a high impact activity.
21 Application
This Division does not apply to an area of land
specified in column 2 of Schedule 1.
22 Registered cultural heritage places
(1) A registered cultural heritage place is an area of
cultural heritage sensitivity.
(2) Subject to subregulation (3), land within
50 metres of a registered cultural heritage place is
an area of cultural heritage sensitivity.
(3) If part of the land within 50 metres of a registered
cultural heritage place has been subject to
significant ground disturbance, that part is not an
area of cultural heritage sensitivity.
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23 Waterways
(1) Subject to subregulation (2), a waterway or land
within 200 metres of a waterway is an area of
cultural heritage sensitivity.
(2) If part of a waterway or part of the land within
200 metres of a waterway has been subject to
significant ground disturbance, that part is not an
area of cultural heritage sensitivity.
Examples
1
An activity area consists of the whole of a lot.
A waterway passes through the lot. All of the land
within 200 metres of one side of the waterway has been
subject to significant ground disturbance. The land
within 200 metres of the other side of the waterway has
not been subject to significant ground disturbance and
is an area of cultural heritage sensitivity.
2
A school proposes to demolish an old hospital and to
build a new school in its place. The activity area is the
footprint of the existing building, because the new
building will have the same footprint. The activity area
has been subject to significant ground disturbance
when the foundations were dug many years ago.
Although the existing building is located within
200 metres of a waterway, it is not an area of cultural
heritage sensitivity because all of the activity area has
been subject to significant ground disturbance.
24 Prior waterways
(1) Subject to subregulation (2), a prior waterway or
land within 200 metres of a prior waterway is an
area of cultural heritage sensitivity.
(2) If part of a prior waterway or part of the land
within 200 metres of a prior waterway has been
subject to significant ground disturbance, that part
is not an area of cultural heritage sensitivity.
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25 Ancient lakes
(1) Subject to subregulation (2), an ancient lake or
land within 200 metres of an ancient lake is an
area of cultural heritage sensitivity.
(2) If part of an ancient lake or part of the land within
200 metres of an ancient lake has been subject to
significant ground disturbance, that part is not an
area of cultural heritage sensitivity.
(3) In this regulation, ancient lake means an area
identified as "Qy" on the following Geological
Survey of Victoria 1:250 000 map series sheets—
(a) SI54-12 entitled "Balranald" (second edition,
1997);
(b) SJ54-3 entitled "Horsham" (second edition,
1997);
(c) SI54-11 entitled "Mildura" (second edition,
1997);
(d) SI54-15 entitled "Ouyen" (second edition,
1997);
(e) SI54-16 entitled "Swan Hill" (second
edition, 1997).
26 Declared Ramsar wetlands
(1) Subject to subregulation (2), a declared Ramsar
wetland or land within 200 metres of a declared
Ramsar wetland is an area of cultural heritage
sensitivity.
(2) If part of a declared Ramsar wetland or part of the
land within 200 metres of a declared Ramsar
wetland has been subject to significant ground
disturbance, that part is not an area of cultural
heritage sensitivity.
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(3) In this regulation, declared Ramsar wetland has
the same meaning as in the Environment
Protection and Biodiversity Conservation
Act 1999 of the Commonwealth.
27 Coastal Crown land
(1) Subject to subregulation (2), coastal Crown land is
an area of cultural heritage sensitivity.
(2) If part of an area of coastal Crown land has been
subject to significant ground disturbance, that part
is not an area of cultural heritage sensitivity.
Example
A yacht club proposes to extend its club house onto a vacant,
unused area at the rear of the existing club house, within the area
of its Crown land lease. The activity is the construction of the
extension and the activity area is the unused area upon which the
extension is to be constructed. The activity area is close to the
coast. The activity area has not been subject to significant ground
disturbance because only the coastal vegetation has been removed.
The activity area is an area of cultural heritage sensitivity.
28 Coastal land
(1) Subject to subregulation (2), land within
200 metres of the high water mark of the coastal
waters of Victoria or any sea within the limits of
Victoria is an area of cultural heritage sensitivity.
(2) If part of the land specified in subregulation (1)
has been subject to significant ground disturbance,
that part is not an area of cultural heritage
sensitivity.
29 Parks
(1) Subject to subregulation (2), a park is an area of
cultural heritage sensitivity.
(2) If part of a park has been subject to significant
ground disturbance, that part is not an area of
cultural heritage sensitivity.
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Part 2—Cultural Heritage Management Plans
30 High plains
(1) Subject to subregulation (2), the high plains is an
area of cultural heritage sensitivity.
(2) If part of the high plains has been subject to
significant ground disturbance, that part is not an
area of cultural heritage sensitivity.
(3) In this regulation, high plains means an area
identified as "High Plains 1.3" on the map entitled
"Land Systems and Geomorphic Units" published
by the Land Conservation Council in 1988.
31 Koo Wee Rup Plain
(1) Subject to subregulation (2), the Koo Wee Rup
Plain is an area of cultural heritage sensitivity.
(2) If part of the Koo Wee Rup Plain has been subject
to significant ground disturbance, that part is not
an area of cultural heritage sensitivity.
(3) In this regulation, Koo Wee Rup Plain means an
area identified as "Qrm" on the following
Geological Survey of Victoria 1:250 000 map
series sheets—
(a) SJ55-9 entitled "Queenscliff" (second
edition, 1997);
(b) SJ55-10 entitled "Warragul" (second edition,
1997).
32 Greenstone outcrops
(1) Subject to subregulation (2), a greenstone outcrop
area is an area of cultural heritage sensitivity.
(2) If part of a greenstone outcrop area has been
subject to significant ground disturbance, that part
is not an area of cultural heritage sensitivity.
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(3) In this regulation, a greenstone outcrop area
means an area identified as—
(a) "Єmk", "Єhb" or "Єws" on the Geological
Survey of Victoria 1:250 000 map series
sheet SJ55-1 entitled "Bendigo" (third
edition, 2001); or
(b) "Єv" on the Geological Survey of Victoria
1:250 000 map series sheet SJ55-6 entitled
"Warburton" (second edition, 1997).
33 Stony rises
(1) Subject to subregulation (2), the stony rises
associated with the Mt Eccles, Mt Napier and
Mt Rouse lava flows are areas of cultural heritage
sensitivity.
(2) If part of an area specified in subregulation (1) has
been subject to significant ground disturbance,
that part is not an area of cultural heritage
sensitivity.
(3) In this regulation, stony rises associated with the
Mt Eccles, Mt Napier and Mt Rouse lava flows
means the areas identified as "Qvh" on the
following Geological Survey of Victoria
1:250 000 map series sheets—
(a) SJ54-11 entitled "Portland" (second edition,
1997);
(b) SJ54-7 entitled "Hamilton" (second edition,
1997).
34 Volcanic cones of western Victoria
(1) Subject to subregulation (2), the volcanic cones of
western Victoria are areas of cultural heritage
sensitivity.
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Part 2—Cultural Heritage Management Plans
(2) If part of the volcanic cones of western Victoria
has been subject to significant ground disturbance,
that part is not an area of cultural heritage
sensitivity.
(3) In this regulation, volcanic cones of western
Victoria means an area identified as "Qvs" on the
following Geological Survey of Victoria
1:250 000 map series sheets—
(a) SJ54-11 entitled "Portland" (second edition,
1997);
(b) SJ54-7 entitled "Hamilton" (second edition,
1997);
(c) SJ54-12 entitled "Colac" (second edition,
1997);
(d) SJ54-8 entitled "Ballarat" (second edition,
1997).
35 Caves
A cave, a rock shelter or a cave entrance is an area
of cultural heritage sensitivity.
36 Lunettes
(1) Subject to subregulation (2), a lunette is an area of
cultural heritage sensitivity.
(2) If part of a lunette has been subject to significant
ground disturbance, that part is not an area of
cultural heritage sensitivity.
(3) In this regulation, lunette means an area identified
as—
(a) "Qrl" on the Geological Survey of Victoria
1:250 000 map series sheet SJ54-7 entitled
"Hamilton" (second edition, 1997); or
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(b) "Qu" on the following Geological Survey of
Victoria 1:250 000 map series sheets—
(i) SI54-12 entitled "Balranald" (second
edition, 1997);
(ii) SJ55-1 entitled "Bendigo" (third
edition, 2001);
(iii) SI55-13 entitled "Deniliquin" (second
edition, 1997);
(iv) SJ54-3 entitled "Horsham" (second
edition, 1997);
(v) SI54-11 entitled "Mildura" (second
edition, 1997);
(vi) SI54-15 entitled "Ouyen" (second
edition, 1997);
(vii) SJ54-4 entitled "St Arnaud" (second
edition, 1997);
(viii) SI54-16 entitled "Swan Hill" (second
edition, 1997);
(ix) SJ55-3 entitled "Tallangatta" (second
edition, 1997);
(x) SJ55-2 entitled "Wangaratta" (second
edition, 1997).
37 Dunes
(1) Subject to subregulation (2), a dune or a source
bordering dune is an area of cultural heritage
sensitivity.
(2) If part of a dune or part of a source bordering dune
has been subject to significant ground disturbance,
that part is not an area of cultural heritage
sensitivity.
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(3) In this regulation—
dune includes an inland, riverine, lacustrine or
coastal dune;
source bordering dune means an area identified
as "Qo" on the following Geological Survey
of Victoria 1:250 000 map series sheets—
(a) SI55-13 entitled "Deniliquin" (second
edition, 1997);
(b) SJ54-3 entitled "Horsham" (second
edition, 1997);
(c) SI54-11 entitled "Mildura" (second
edition, 1997);
(d) SJ54-4 entitled "St Arnaud" (second
edition, 1997);
(e) SI54-16 entitled "Swan Hill" (second
edition, 1997);
(f) SJ55-2 entitled "Wangaratta" (second
edition, 1997).
38 Sand sheets
(1) Subject to subregulation (2), a sand sheet,
including the Cranbourne sand, is an area of
cultural heritage sensitivity.
(2) If part of a sand sheet, including the Cranbourne
sand, has been subject to significant ground
disturbance, that part is not an area of cultural
heritage sensitivity.
(3) In this regulation, sand sheet, including the
Cranbourne sand means an area identified as
"Qpd" on the Geological Survey of Victoria
1:250 000 map series sheet SJ55-9 entitled
"Queenscliff" (second edition, 1997).
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Division 4—Areas of cultural heritage sensitivity specified in
Schedule 1
39 Purpose
The purpose of this Division is to specify certain
areas as areas of cultural heritage sensitivity.
40 Areas of cultural heritage sensitivity
An area that is specified in column 3 of an item in
Schedule 1 is an area of cultural heritage
sensitivity.
41 A registered cultural heritage place is an area of
cultural heritage sensitivity
(1) A registered cultural heritage place that is located
in an area specified in column 2 of an item in
Schedule 1 is an area of cultural heritage
sensitivity.
(2) Subject to subregulation (3), land within
50 metres of a registered cultural heritage place
that is located in an area specified in an item in
column 2 of Schedule 1 is an area of cultural
heritage sensitivity.
(3) If part of the land within 50 metres of a registered
cultural heritage place that is located in an area
specified in an item in column 2 of Schedule 1 has
been subject to significant ground disturbance,
that part is not an area of cultural heritage
sensitivity.
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Part 2—Cultural Heritage Management Plans
Division 5—High impact activities
42 Purpose
The purpose of this Division is to specify high
impact activities.
Note
Under regulation 6, a cultural heritage management plan is
required for an activity if all or part of the activity area is an
area of cultural heritage sensitivity and if all or part of the
activity is a high impact activity.
43 Buildings and works for specified uses
(1) The construction of a building or the construction
or carrying out of works on land is a high impact
activity if the construction of the building or the
construction or carrying out of the works—
(a) would result in significant ground
disturbance; and
(b) is for or associated with the use of the land
for any one or more of the following
purposes—
(i) aquaculture;
(ii) a camping and caravan park;
(iii) a car park;
(iv) a cemetery;
(v) a child care centre;
(vi) a corrective institution;
(vii) a crematorium;
(viii) an education centre;
(ix) an emergency services facility;
(x) a freeway service centre;
(xi) a hospital;
(xii) an industry;
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(xiii) intensive animal husbandry;
(xiv) a major sports and recreation facility;
(xv) a minor sports and recreation facility;
(xvi) a motor racing track;
(xvii) a place of assembly;
(xviii) a pleasure boat facility;
(xix) a research centre;
(xx) a retail premises;
(xxi) a service station;
(xxii) a transport terminal;
(xxiii) a utility installation, other than a
telecommunications facility;
(xxiv) a veterinary centre;
(xxv) a warehouse;
(xxvi) land used to generate electricity,
including a wind energy facility.
(2) The terms used in subregulation (1)(b) have the
same meanings as they have in the VPP.
(3) Despite subregulation (1), the construction of a
building or the construction or carrying out of
works on land is not a high impact activity if it is
for or associated with a purpose for which the land
was being lawfully used immediately before the
commencement day.
44 Constructing specified items of infrastructure
(1) The construction of any one or more of the
following is a high impact activity if the
construction would result in significant ground
disturbance—
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(a) an airfield;
(b) a bicycle track;
(c) a helipad;
(d) rail infrastructure;
(e) a road;
(f) a walking track in a park;
(g) a telecommunications line consisting of an
underground cable or duct with a length
exceeding 500 metres.
(2) In this regulation, telecommunications line has
the same meaning as in the VPP.
45 Dwellings
(1) The construction of three or more dwellings on a
lot or allotment is a high impact activity.
(2) The carrying out of works for three or more
dwellings on a lot or allotment is a high impact
activity.
Example
Constructing an apartment tower containing 50 dwellings is a high
impact activity. Extending a retirement village by an additional
four dwellings is a high impact activity. Constructing or extending
only one or two dwellings on a lot or allotment is not a high
impact activity.
Note
See regulation 9 in relation to the construction of a building, or the
construction or carrying out of works, where the building or works
are ancillary to an existing dwelling or the construction of one or
two dwellings on a lot or allotment.
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46 Subdivision of land
(1) The subdivision of land into three or more lots is a
high impact activity if—
(a) the planning scheme that applies to the
activity area in which the land to be
subdivided is located provides that at least
three of the lots may be used for a dwelling
or may be used for a dwelling subject to the
grant of a permit; and
(b) the area of each of at least three of the lots is
less than eight hectares.
(2) The subdivision of land into two or more lots in
an industrial zone is a high impact activity.
(3) In this regulation, industrial zone has the same
meaning as in the VPP.
47 Alpine resorts
(1) The construction of a building or the construction
or carrying out of works in an alpine resort is a
high impact activity if the construction of the
building or the construction or carrying out of the
works would result in significant ground
disturbance.
(2) In this regulation, alpine resort has the same
meaning as in the Alpine Resorts Act 1983.
48 Activities requiring earth resource authorisations
An activity is a high impact activity if it is an
activity—
(a) for which an earth resource authorisation is
required before the activity may be carried
out; and
(b) that would result in significant ground
disturbance.
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Part 2—Cultural Heritage Management Plans
49 Extraction or removal of sand or sandstone
(1) The extraction or removal of sand or sandstone
(other than extraction or removal that requires an
earth resource authorisation) is a high impact
activity if the extraction or removal would result
in significant ground disturbance.
(2) Subregulation (1) does not apply to the extraction
or removal of sand or sandstone—
(a) from land that is a farm if the sand or
sandstone is intended in good faith only to be
used on that farm for the purposes of a dam
or other farmworks and not for sale or any
other commercial use; or
(b) undertaken by or on behalf of a Minister
responsible for the administration of the
Conservation, Forests and Lands Act 1987
where the primary purpose of the extraction
is for the footings or foundations of a
building or structure, the construction of a
carpark, road, track or other works or for any
borrow pit adjacent to such an excavation; or
(c) if the extraction or removal, including
dredging, constitutes works for marine
navigational purposes or the establishment or
renourishment of a beach; or
(d) if the extraction or removal constitutes works
for the purpose of establishing a port facility,
railway or tunnel; or
(e) if the primary purpose of the excavation or
removal is for the construction of the
footings or foundations of a building or
structure.
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50 Searching for stone
(1) A search for stone is a high impact activity if it
would result in significant ground disturbance.
(2) In this regulation, search for stone has the same
meaning as in the VPP.
51 Extraction or removal of loose stone on agricultural
land on the Victorian Volcanic Plain
(1) The extraction or removal of loose stone from the
surface of land used for agriculture on the
Victorian Volcanic Plain is a high impact activity
if the extraction or removal—
(a) is for the primary purpose of land
improvement, including pasture
enhancement; and
(b) would result in significant ground
disturbance.
(2) Subregulation (1) does not apply if the land is
used for crop raising or has been used for crop
raising.
(3) In this regulation—
agriculture and crop raising have the same
meanings respectively as they have in the
VPP;
stone has the same meaning as in the Extractive
Industries Development Act 1995;
Victorian Volcanic Plain means the area
comprised of the areas identified as "Qvh",
"Qvn", "Qvs", "Qvs2" and "Qvt" on the
following Geological Survey of Victoria
1:250 000 map series sheets—
(a) SJ54-8 entitled "Ballarat" (second
edition, 1997);
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(b) SJ55-1 entitled "Bendigo" (third
edition, 2001);
(c) SJ54-12 entitled "Colac" (second
edition, 1997);
(d) SJ54-7 entitled "Hamilton" (second
edition, 1997);
(e) SJ55-5 entitled "Melbourne" (second
edition, 1997);
(f) SJ54-11 entitled "Portland" (second
edition, 1997);
(g) SJ55-9 entitled "Queenscliff" (second
edition, 1997);
(h) SJ54-4 entitled "St Arnaud" (second
edition, 1997).
52 Timber production
(1) The use of an area of land greater than 40 hectares
in size for timber production is a high impact
activity if—
(a) a permit is required under a planning scheme
to use the land for timber production; and
(b) the use of the land for timber production
would result in significant ground
disturbance.
(2) The construction of a building associated with
timber production is a high impact activity if—
(a) a permit is required under a planning scheme
to construct the building; and
(b) the construction of the building would result
in significant ground disturbance.
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(3) In this regulation, timber production has the same
meaning as in the VPP.
Note
A permit may not be required under a planning scheme to use an
activity area for timber production if the timber production is
ancillary to a particular agricultural enterprise (such as
agroforestry).
53 Dams
The construction or alteration of a private dam,
other than on a waterway, is a high impact activity
if a licence is required under section 67(1A) of the
Water Act 1989 for the construction or alteration
of the private dam.
54 Use of land
(1) The use of land for a purpose specified in
regulation 43(1) is a high impact activity if a
statutory authorisation is required to use the land
for that purpose.
(2) The use of land for an extractive industry is a high
impact activity if a statutory authorisation is
required to use the land for the extractive industry.
(3) The use of a lot or allotment for three or more
dwellings is a high impact activity if a statutory
authorisation is required to use the lot or allotment
for three or more dwellings.
(4) Despite subregulations (1), (2) and (3), if the
whole of the activity area for an activity referred
to in subregulation (1), (2) or (3) has been subject
to significant ground disturbance, that activity is
not a high impact activity.
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(5) In this regulation, extractive industry has the
same meaning as in the VPP.
Example
A land owner proposes to change the use of his or her land from
the grazing of animals to the storage of shipping containers.
The land is flat and, in the first instance, no works are proposed,
although the grass will first be cut and some non-indigenous
shrubs removed. The use of the land for storing shipping
containers is an industry and requires a statutory authorisation
(a permit under the relevant planning scheme). The proposed use
is a high impact activity. If, at a later date, the area is upgraded by
works, including excavation for a concrete base on which to store
the containers, the upgrade works would also be a high impact
activity under regulation 43(1).
__________________
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Part 3—Standards for the Preparation of a Cultural Heritage Management
Plan
PART 3—STANDARDS FOR THE PREPARATION OF A
CULTURAL HERITAGE MANAGEMENT PLAN
Division 1—Assessments
55 Purpose
The purpose of this Division is to prescribe
standards for the conduct of an assessment.
56 Types of assessment
(1) An assessment must consist of a desktop
assessment.
(2) If required under this Division, an assessment
must also consist of—
(a) a standard assessment; or
(b) a complex assessment; or
(c) a standard assessment and a complex
assessment.
57 What does a desktop assessment include?
(1) For the purposes of section 53(2) of the Act, a
desktop assessment of an activity area must
include research into information relating to
Aboriginal cultural heritage in or associated with
the activity area, including the following—
(a) a search of the Register for information
relating to the activity area;
(b) an identification and determination of the
geographic region of which the activity area
forms a part that is relevant to the Aboriginal
cultural heritage that may be present in the
activity area;
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(c) a review of reports and published works
about Aboriginal cultural heritage in the
geographic region referred to in
paragraph (b);
(d) a review of historical and ethno-historical
accounts of Aboriginal occupation of the
geographic region referred to in
paragraph (b);
(e) a review of the landforms or geomorphology
of the activity area;
(f) a review of the history of the use of the
activity area.
(2) A desktop assessment may include the collection
and review of oral history relating to the activity
area.
58 When is a standard assessment required?
(1) Subject to subregulation (2), a standard
assessment is required if the results of a desktop
assessment show that it is reasonably possible that
Aboriginal cultural heritage is present in the
activity area.
(2) If a complex assessment of all, or all relevant
parts of, the activity area is carried out following a
desktop assessment, a standard assessment for that
area is not required.
59 What does a standard assessment include?
(1) For the purposes of section 53(2) of the Act, a
standard assessment must include a ground survey
of all or part of the activity area to detect the
presence of Aboriginal cultural heritage in or
associated with the activity area.
(2) A standard assessment may include the collection
and review of oral history relating to the activity
area.
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(3) A ground survey of an activity area under this
regulation must include an on the ground
examination of—
(a) the surface of the activity area undertaken by
traversing the area in a systematic manner;
and
(b) any mature tree in the activity area; and
(c) any cave, rock shelter or cave entrance in the
activity area.
(4) A ground survey of an activity area under this
regulation may include any of the following subsurface investigations—
(a) ground penetrating radar survey;
(b) resistivity survey;
(c) remote sensing;
(d) ground magnetic survey;
(e) electromagnetic survey;
(f) soil and sediment testing with a manual
auger no larger than 12 centimetres in
diameter to assist in defining the nature and
extent of identified Aboriginal cultural
heritage.
(5) A ground survey of an activity area under this
regulation must be conducted in accordance with
proper archaeological practice.
60 When is a complex assessment required?
(1) A complex assessment is required if the desktop
assessment or standard assessment shows that—
(a) Aboriginal cultural heritage is, or is likely to
be, present in the activity area; and
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(b) it is not possible to identify the extent, nature
and significance of the Aboriginal cultural
heritage in the activity area unless a complex
assessment is carried out.
(2) Despite subregulation (1), a complex assessment
is not required in respect of an area to which the
standard assessment applied if the activity will not
harm Aboriginal cultural heritage in that area.
61 What does a complex assessment include?
(1) For the purposes of section 53(2) of the Act, a
complex assessment of an activity area is an
assessment involving the disturbance of all or part
of the activity area or an excavation of all or part
of the activity area to uncover or discover
Aboriginal cultural heritage.
(2) A complex assessment may also include the
collection and review of oral history relating to
the activity area.
(3) A disturbance or an excavation for a complex
assessment must be supervised by a person
appropriately qualified in archaeology and be
carried out in accordance with proper
archaeological practice.
(4) The stratigraphy and general sub-surface nature of
the area being investigated must be established by
controlled excavation before any other disturbance
or excavation is carried out.
(5) If machinery is used in a disturbance or an
excavation, the disturbance or excavation must be
conducted on a detailed stratigraphic basis.
(6) If the use of machinery in a disturbance or an
excavation results in the finding of occupation
deposits or features, the deposits or features must
be uncovered and assessed by controlled
excavation.
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(7) In this regulation, controlled excavation means an
archaeological investigation to uncover deposits
or features using accepted stratigraphic methods
and—
(a) standard hand-held archaeological
equipment, such as trowels, spades, sieves
and brushes; or
(b) if it is not practicable to use the equipment
referred to in paragraph (a), mechanical
equipment that can be used to proceed with
the investigation in as careful a manner as an
excavation carried out using the equipment
referred to in paragraph (a).
Division 2—Preparation of a cultural heritage management
plan
62 Purpose
The purpose of this Division is to prescribe
standards relating to the preparation of a cultural
heritage management plan.
63 Reason for preparation of a cultural heritage
management plan
(1) A cultural heritage management plan must include
a statement about whether the plan was—
(a) voluntarily prepared under section 45 of the
Act; or
(b) required by these Regulations; or
(c) required by the Minister under section 48 of
the Act; or
(d) required under section 49 of the Act.
(2) If a cultural heritage management plan is required
by these Regulations, the plan must include a
statement of the reasons why these Regulations
required the plan.
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Part 3—Standards for the Preparation of a Cultural Heritage Management
Plan
64 Content of a cultural heritage management plan
For the purposes of section 53(1) of the Act, a
cultural heritage management plan must—
(a) unless otherwise approved by the Secretary,
be in the approved form; and
(b) include the information set out in
Schedule 2.
65 Notice of representative
A registered Aboriginal party must notify the
sponsor as soon as practicable of the name of each
person it appoints to act as its representative in
evaluating a cultural heritage management plan or
doing any of the things set out in section 60 of the
Act in relation to the plan.
__________________
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Part 4—Standards for the Preparation of a Cultural Heritage Agreement
PART 4—STANDARDS FOR THE PREPARATION OF A
CULTURAL HERITAGE AGREEMENT
66 Purpose
The purpose of this Part is to prescribe standards
for maps included in cultural heritage agreements.
67 Maps included in cultural heritage agreements
(1) For the purposes of section 70(4) of the Act, a
map included in a cultural heritage agreement
under section 70(3) of the Act must include the
following—
(a) details of the location of the boundaries of
the land affected by the agreement;
(b) a description of what the map represents;
(c) a legend explaining the symbols used to
represent features on the map;
(d) a scale shown as either a unit measure (such
as 1:50 000) or by a graphic bar;
(e) an arrow indicating which direction is north;
(f) readily identifiable topographic features
located in the vicinity of the land affected by
the agreement;
(g) a small diagram showing the location of the
area depicted on the map in relation to the
nearest major town.
(2) If coordinates are shown on a map included in a
cultural heritage agreement, they must be standard
Map Grid of Australia 1994 coordinates.
(3) In this regulation, Map Grid of Australia 1994
has the same meaning as in the Surveying
(Cadastral Surveys) Regulations 2005.
__________________
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Part 5—Fees
r. 68
PART 5—FEES
68 Definitions
In this Part—
large activity means an activity—
(a) with an activity area of more than
40 hectares; or
(b) that is a linear project with a length of
more than five kilometres;
linear project includes a railway, a road, a power
line, a channel, or a pipe or conduit to
transmit water, gas, sewage, power or oil;
medium-size activity means an activity—
(a) with an activity area of more than one
hectare but not more than 40 hectares;
or
(b) that is a linear project with a length of
more than one kilometre but not more
than five kilometres;
small activity means an activity—
(a) with an activity area of one hectare or
less; or
(b) that is a linear project with a length of
one kilometre or less.
69 Fees payable under section 36(2) of the Act
(1) For the purposes of section 36(2) of the Act, the
following fees are prescribed for an application
for a cultural heritage permit—
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Part 5—Fees
(a) if the permit is to authorise the applicant to
disturb or excavate any land for the purpose
of uncovering or discovering Aboriginal
cultural heritage (see section 36(1)(a) of the
Act), a fee of 8 fee units;
(b) if the permit is to authorise the applicant to
carry out scientific research on an Aboriginal
place (including the removal of Aboriginal
objects from that place for the purpose of
that research) (see section 36(1)(b) of the
Act), a fee of 8 fee units;
(c) if the permit is to authorise the applicant to
carry out an activity that will, or is likely to,
harm Aboriginal cultural heritage (see
section 36(1)(c) of the Act), a fee of 46 fee
units;
(d) if the permit is to authorise the applicant to
buy or sell an Aboriginal object (see
section 36(1)(d) of the Act), a fee of 13 fee
units;
(e) if the permit is to authorise the applicant to
remove an Aboriginal object from Victoria
(see section 36(1)(e) of the Act), a fee of
13 fee units.
(2) If an application is made for a cultural heritage
permit in relation to two or more of the matters
referred to in subregulation (1), the prescribed fee
is the sum of the fees specified in
subregulation (1) for each of those matters.
Example
An application for a permit to buy an Aboriginal object and then
remove it from Victoria would need to be accompanied by an
application fee of 26 fee units.
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Part 5—Fees
70 Part of fee forwarded to registered Aboriginal party
or parties under section 38(3) of the Act
For the purposes of section 38(3) of the Act—
(a) if there is only one relevant registered
Aboriginal party, two-thirds of the relevant
fee paid under regulation 69 may be
forwarded to the relevant registered
Aboriginal party; and
(b) if there are two or more relevant registered
Aboriginal parties, an equal portion of twothirds of the relevant fee paid under
regulation 69 may be forwarded to each
relevant registered Aboriginal party.
71 Fee payable under section 62(3) of the Act—only
one relevant registered Aboriginal party
(1) This regulation applies if only one relevant
registered Aboriginal party gives notice to a
sponsor under section 55(2) of the Act of an
intention to evaluate a cultural heritage
management plan.
(2) For the purposes of section 62(3) of the Act, the
following fees are prescribed for an application
for approval of a plan that only involves a desktop
assessment—
(a) for a plan that relates to a small activity,
10 fee units;
(b) for a plan that relates to a medium-size
activity, 20 fee units;
(c) for a plan that relates to a large activity,
40 fee units.
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(3) For the purposes of section 62(3) of the Act, the
following fees are prescribed for an application
for approval of a plan that involves a standard
assessment but not a complex assessment—
(a) for a plan that relates to a small activity,
40 fee units;
(b) for a plan that relates to a medium-size
activity, 80 fee units;
(c) for a plan that relates to a large activity,
160 fee units.
(4) For the purposes of section 62(3) of the Act, the
following fees are prescribed for an application
for approval of a plan that involves a complex
assessment—
(a) for a plan that relates to a small activity,
80 fee units;
(b) for a plan that relates to a medium-size
activity, 160 fee units;
(c) for a plan that relates to a large activity,
320 fee units.
72 Fee payable under section 62(3) of the Act—
2 relevant registered Aboriginal parties
(1) This regulation applies if 2 relevant registered
Aboriginal parties give notice to a sponsor under
section 55(2) of the Act of an intention to evaluate
a cultural heritage management plan.
(2) For the purposes of section 62(3) of the Act, the
following fees are prescribed for an application
for approval of a plan that only involves a desktop
assessment—
(a) for a plan that relates to a small activity,
8 fee units;
(b) for a plan that relates to a medium-size
activity, 15 fee units;
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(c) for a plan that relates to a large activity,
30 fee units.
(3) For the purposes of section 62(3) of the Act, the
following fees are prescribed for an application
for approval of a plan that involves a standard
assessment but not a complex assessment—
(a) for a plan that relates to a small activity,
30 fee units;
(b) for a plan that relates to a medium-size
activity, 60 fee units;
(c) for a plan that relates to a large activity,
120 fee units.
(4) For the purposes of section 62(3) of the Act, the
following fees are prescribed for an application
for approval of a plan that involves a complex
assessment—
(a) for a plan that relates to a small activity,
60 fee units;
(b) for a plan that relates to a medium-size
activity, 120 fee units;
(c) for a plan that relates to a large activity,
240 fee units.
Note
Section 62 of the Act provides that the fee prescribed under
this regulation is payable to each registered Aboriginal party
that gives notice to the sponsor of its intention to evaluate a
plan under section 55(2) of the Act.
73 Fee payable under section 62(3) of the Act—3 or
more relevant registered Aboriginal parties
(1) This regulation applies if 3 or more relevant
registered Aboriginal parties give notice to a
sponsor under section 55(2) of the Act of an
intention to evaluate a cultural heritage
management plan.
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S.R. No. 41/2007
Part 5—Fees
(2) For the purposes of section 62(3) of the Act, the
following fees are prescribed for an application
for approval of a plan that only involves a desktop
assessment—
(a) for a plan that relates to a small activity,
7 fee units;
(b) for a plan that relates to a medium-size
activity, 13 fee units;
(c) for a plan that relates to a large activity,
27 fee units.
(3) For the purposes of section 62(3) of the Act, the
following fees are prescribed for an application
for approval of a plan that involves a standard
assessment but not a complex assessment—
(a) for a plan that relates to a small activity,
27 fee units;
(b) for a plan that relates to a medium-size
activity, 53 fee units;
(c) for a plan that relates to a large activity,
107 fee units.
(4) For the purposes of section 62(3) of the Act, the
following fees are prescribed for an application
for approval of a plan that involves a complex
assessment—
(a) for a plan that relates to a small activity,
53 fee units;
(b) for a plan that relates to a medium-size
activity, 107 fee units;
43
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S.R. No. 41/2007
Part 5—Fees
r. 74
(c) for a plan that relates to a large activity,
213 fee units.
Note
Under section 62 of the Act, the relevant fee prescribed
under this regulation is payable to each registered
Aboriginal party that gives notice to the sponsor of its
intention to evaluate a plan under section 55(2) of the Act.
74 Fee payable under section 147(2) of the Act
For the purposes of section 147(2) of the Act, an
application to the Secretary for advice under
section 147(1) of the Act must be accompanied by
a fee of 3 fee units.
__________________
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Part 6—Transitional
PART 6—TRANSITIONAL
75 Statutory authorisations
If, on the commencement day, a statutory
authorisation for an activity is in force, a cultural
heritage management plan is not required under
regulation 6 for the activity.
Examples
1
When these Regulations commence, a planning permit is in
force for a 10 lot residential subdivision in accordance with
approved plans. That activity may start after the
commencement day without the need for a cultural heritage
management plan. If a different subdivision for the same
activity area is proposed after the commencement day, the
owner could apply for a new permit, and a cultural heritage
management plan may be required before the decision is
made. Alternatively, if the owner applies to amend the
permit, a cultural heritage management plan may be required,
unless regulation 16 applies to the amendment.
2
A statutory authorisation in force on the commencement day
for an activity that is part of a broader activity (e.g. an
authorisation to carry out works in a waterway as part of a
project to subdivide land in the vicinity of the waterway) does
not, if there is no statutory authorisation for the broader
activity, obviate the need for a cultural heritage management
plan for the broader activity.
76 Applications for statutory authorisations
A cultural heritage management plan is not
required under regulation 6 for an activity if,
before the commencement day, a decision maker
received an application for a statutory
authorisation for that activity.
45
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r. 77
Part 6—Transitional
77 Archaeological surveys
A cultural heritage management plan is not
required under regulation 6 for an activity if,
before the commencement day, all of the site
information collected in an archaeological survey
carried out for the activity had been provided to
the Secretary in accordance with section 22(5)(b)
of the Archaeological and Aboriginal Relics
Preservation Act 1972.
78 Consents to disturb
A cultural heritage management plan is not
required under regulation 6 for an activity if,
immediately before the commencement day, a
consent given for the activity under section 21U
of the Aboriginal and Torres Strait Islander
Heritage Protection Act 1984 of the
Commonwealth was in force to do an act referred
to in section 21U(1) of that Act.
__________________
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S.R. No. 41/2007
Sch. 1
SCHEDULES
SCHEDULE 1
Regulations 21, 40 and 41
Item
Column 1
Plan description
1
Plan of Bucks Sandhill
published in
Commonwealth
Government Gazette
No. GN 50,
19 December 2001,
page 3675
Column 2
Areas excluded
from Division 3
of Part 2
Column 3
Specified areas of
cultural heritage
sensitivity
Area shown on
the plan referred
to in column 1 of
item 1
Area shown on the
plan referred to in
column 1 of
item 1
__________________
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Sch. 2
SCHEDULE 2
Regulation 64(b)
CULTURAL HERITAGE MANAGEMENT PLANS
1 Sponsor
The name of the sponsor.
2 Owner or occupier
If different from the sponsor, the name of the
owner or occupier of the activity area.
3 Cultural heritage advisor
(1) The name of the cultural heritage advisor engaged
by the sponsor.
(2) A brief description of the qualifications and
experience of that cultural heritage advisor.
4 Registered Aboriginal parties
(1) The name of each relevant registered Aboriginal
party for the activity area.
(2) Whether a registered Aboriginal party has elected
to evaluate the plan.
(3) If a registered Aboriginal party has elected to
evaluate the plan, the names of the representatives
appointed by that party and the functions carried
out by those representatives.
5 Notices relating to plan
(1) A copy of the notices given under section 54 of
the Act.
(2) A copy of any notices given under section 55 of
the Act.
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Aboriginal Heritage Regulations 2007
S.R. No. 41/2007
Sch. 2
6 Activity
(1) A detailed description of the activity setting out—
(a) the nature and extent of the activity and any
ancillary works associated with the activity;
and
(b) the likely impact of the activity on the
surface of the land and buried former land
surfaces.
(2) If the activity is a subdivision referred to in
regulation 46—
(a) a description of how each lot is intended to
be used or developed; or
(b) if no description under paragraph (a) is
provided in relation to a lot, the use or
development of the lot permitted by the
relevant planning scheme.
7 Activity area
(1) A detailed description of the activity area,
including a map in a form approved by the
Secretary indicating—
(a) the location of the activity area; and
(b) the municipal district (if any) in which the
area is located; and
(c) the prominent structures and works in, and
natural features of, the activity area.
(2) If the map relates to part of the activity area, a
detailed description of that part of the activity
area.
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Aboriginal Heritage Regulations 2007
S.R. No. 41/2007
Sch. 2
8 Details of assessment
(1) The method by which the Aboriginal cultural
heritage present in the activity area was assessed.
(2) The names of the persons involved in the
assessment.
(3) Details of the reasonable efforts made by the
sponsor to consult with the registered Aboriginal
party in accordance with section 59(2) of the Act.
(4) A summary of any information provided by a
representative of a relevant registered Aboriginal
party or other person about the Aboriginal cultural
heritage in the activity area.
(5) An accurate transcript of any oral information
provided by a representative of a relevant
registered Aboriginal party or other person about
the Aboriginal cultural heritage in the activity
area, if the person who provided the information
consents.
(6) Details of any obstacles encountered in
completing the assessment.
9 Details of subsurface testing and excavation
If the cultural heritage assessment included
subsurface testing or excavation—
(a) the method used for subsurface testing or
excavation;
(b) the location of subsurface testing or
excavation pits or transects, including
transect start and end points;
(c) the names of persons taking part in the
subsurface testing or excavation;
(d) the name of the person responsible for
supervising the subsurface testing or
excavation;
50
Aboriginal Heritage Regulations 2007
S.R. No. 41/2007
Sch. 2
(e) any physical or other obstacles to the
carrying out of the subsurface testing or
excavation;
(f) the results of the subsurface testing or
excavation including the results of
radiometric dating.
10 Written report
If the activity is a subdivision referred to in
regulation 46, the written report must set out—
(a) how each lot is intended to be used or
developed by the sponsor; or
(b) if a lot is not intended to be used or
developed by the sponsor, the use or
development of the lot permitted by the
relevant planning scheme.
11 Aboriginal cultural heritage
(1) A detailed description of any Aboriginal cultural
heritage found in the activity area, including the
registration number of that Aboriginal cultural
heritage on the Register.
(2) A full cadastral description of the land where that
Aboriginal cultural heritage is located.
(3) A statement of the cultural heritage significance of
that Aboriginal cultural heritage.
(4) A concise map or maps of the activity area which
show the location of that Aboriginal cultural
heritage.
(5) A detailed plan of each Aboriginal place found in
the activity area.
(6) Photographs or digital images of that Aboriginal
cultural heritage.
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Sch. 2
12 Matters considered in preparation of plan
A statement of how the matters referred to in
section 61 of the Act were considered in preparing
the cultural heritage management plan.
13 Contingency plans
(1) Contingency plans for the following—
(a) the matters referred to in section 61 of the
Act;
(b) the resolution of any disputes between the
sponsor and relevant registered Aboriginal
parties in relation to the implementation of
the plan or the conduct of the activity;
(c) reviewing compliance with the cultural
heritage management plan and mechanisms
for remedying non-compliance;
(d) the management of Aboriginal cultural
heritage found during the activity;
(e) the notification, in accordance with the Act,
of the discovery of Aboriginal cultural
heritage during the carrying out of the
activity.
(2) If the activity is a subdivision referred to in
regulation 46, the contingency plans must
address—
(a) how each lot is intended to be used or
developed by the sponsor; or
(b) if a lot is not intended to be used or
developed by the sponsor, the use or
development of the lot permitted by the
relevant planning scheme.
═══════════════
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Endnotes
ENDNOTES
Fee Units
These Regulations provide for fees by reference to fee units within the
meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that
Act, by multiplying the number of fee units applicable by the value of a fee
unit.
The value of a fee unit for the financial year commencing 1 July 2007 is
$11.02. The amount of the calculated fee may be rounded to the nearest
10 cents.
The value of a fee unit for future financial years is to be fixed by the
Treasurer under section 5 of the Monetary Units Act 2004. The value of a
fee unit for a financial year must be published in the Government Gazette and
a Victorian newspaper before 1 June in the preceding financial year.
——
Table of Applied, Adopted or Incorporated Matter Required by the
Subordinate Legislation Regulations 2004
Note that the following table of applied, adopted or incorporated matter is
included in accordance with the requirements of regulation 5 of the Subordinate
Legislation Regulations 2004.
Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 4
definition of prior
waterway
Geological Survey of Victoria
map sheet SJ55-2 entitled
"Wangaratta" (dated 1974);
The areas
identified as a
"leveed stream
course"
Regulation 4
definition of prior
waterway
Geological Survey of Victoria
map sheet SI54-4 entitled
"St Arnaud" (dated 1976)
The areas
identified as a
"leveed stream"
Regulation 4
definition of prior
waterway
Geological Survey of Victoria
map sheet SI54-16 entitled
"Swan Hill" (dated 1974)
The areas
identified as a
"leveed stream"
53
Aboriginal Heritage Regulations 2007
S.R. No. 41/2007
Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 4
definition of prior
waterway
Geological Survey of Victoria
map sheet SI55-13 entitled
"Deniliquin" (dated 1974)
The areas
identified as a
"leveed stream
trace"
Regulation 4
definition of prior
waterway
Geological Survey of Victoria
map sheet SJ55-1 entitled
"Bendigo" (third edition,
2001)
The areas
identified as a
"prior stream"
Regulation 25(3)
definition of ancient
lake
Geological Survey of Victoria
1:250 000 map series sheets—
The areas
identified as
"Qy"
(a) SI54-12 entitled
"Balranald" (second
edition, 1997);
(b) SJ54-3 entitled
"Horsham" (second
edition, 1997);
(c) SI54-11 entitled
"Mildura" (second
edition, 1997);
(d) SI54-15 entitled "Ouyen"
(second edition, 1997);
(e) SI54-16 entitled "Swan
Hill" (second edition,
1997)
Regulation 30(3)
definition of high
plains
The map entitled "Land
Systems and Geomorphic
Units", published by the Land
Conservation Council in 1988
54
The areas
identified as
"High Plains
1.3"
Aboriginal Heritage Regulations 2007
S.R. No. 41/2007
Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 31(3)
definition of Koo
Wee Rup Plain
Geological Survey of Victoria
1:250 000 map series sheets—
The areas
identified as
"Qrm"
(a) SJ55-9 entitled
"Queenscliff" (second
edition, 1997);
(b) SJ55-10 entitled
"Warragul" (second
edition, 1997)
Regulation 32(3)
definition of
greenstone outcrop
area
Geological Survey of Victoria
1:250 000 map series sheet
SJ55-1 entitled "Bendigo"
(third edition, 2001)
The areas
identified as
"Єmk", "Єhb"
and "Єws"
Regulation 32(3)
definition of
greenstone outcrop
area
Geological Survey of Victoria
1:250 000 map series sheet
SJ55-6 entitled "Warburton"
(second edition, 1997)
The areas
identified as
"Єv"
Regulation 33(3)
definition of stony
rises associated with
the Mt Eccles,
Mt Napier and
Mt Rouse lava flows
Geological Survey of Victoria
1:250 000 map series sheets—
The areas
identified as
"Qvh"
(a) SJ54-11 entitled
"Portland" (second
edition, 1997);
(b) SJ54-7 entitled
"Hamilton" (second
edition, 1997)
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Aboriginal Heritage Regulations 2007
S.R. No. 41/2007
Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 34(3)
definition of volcanic
cones of western
Victoria
Geological Survey of Victoria
1:250 000 map series sheets—
The areas
identified as
"Qvs"
(a) SJ54-11 entitled
"Portland" (second
edition, 1997);
(b) SJ54-7 entitled
"Hamilton" (second
edition, 1997);
(c) SJ54-12 entitled "Colac"
(second edition, 1997);
(d) SJ54-8 entitled
"Ballarat" (second
edition, 1997)
Regulation 36(3)
definition of lunette
Geological Survey of Victoria
1:250 000 map series sheet
SJ54-7 entitled "Hamilton"
(second edition, 1997)
The area
identified as
"Qrl"
Regulation 36(3)
definition of lunette
Geological Survey of Victoria
1:250 000 map series sheets—
The areas
identified as
"Qu"
(a) SI54-12 entitled
"Balranald" (second
edition, 1997);
(b) SJ55-1 entitled
"Bendigo" (third edition,
2001);
(c) SI55-13 entitled
"Deniliquin" (second
edition, 1997);
(d) SJ54-3 entitled
"Horsham" (second
edition, 1997);
(e) SI54-11 entitled
"Mildura" (second
edition, 1997);
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Aboriginal Heritage Regulations 2007
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Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
(f) SI54-15 entitled "Ouyen"
(second edition, 1997);
(g) SJ54-4 entitled
"St Arnaud" (second
edition, 1997);
(h) SI54-16 entitled "Swan
Hill" (second edition,
1997);
(i) SJ55-3 entitled
"Tallangatta" (second
edition, 1997);
(j) SJ55-2 entitled
"Wangaratta" (second edition,
1997)
Regulation 37(3)
definition of source
bordering dune
Geological Survey of Victoria
1:250 000 map series sheets—
(a) SI55-13 entitled
"Deniliquin" (second
edition, 1997);
(b) SJ54-3 entitled
"Horsham" (second
edition, 1997);
(c) SI54-11 entitled
"Mildura" (second
edition, 1997);
(d) SJ54-4 entitled
"St Arnaud" (second
edition, 1997);
(e) SI54-16 entitled "Swan
Hill" (second edition,
1997);
(f) SJ55-2 entitled
"Wangaratta" (second
edition, 1997)
57
The areas
identified as
"Qo"
Aboriginal Heritage Regulations 2007
S.R. No. 41/2007
Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 38(3)
definition of sand
sheet, including the
Cranbourne sand
Geological Survey of Victoria
1:250 000 map series sheet
SJ55-9 entitled "Queenscliff"
(second edition, 1997)
The areas
identified as
"Qpd"
Regulations 21, 40
and 41
Plan of Bucks Sandhill
published in Commonwealth
Government Gazette
No. GN50, 19 December
2001, page 3675
Whole of the
Plan
Regulation 51(3)
definition of
Victorian Volcanic
Plain
Geological Survey of Victoria
1:250 000 map series sheets—
The areas
identified as
"Qvh", "Qvn",
"Qvs", "Qvs2"
and "Qvt"
(a) SJ54-8 entitled
"Ballarat" (second
edition, 1997);
(b) SJ55-1 entitled
"Bendigo" (third edition,
2001);
(c) SJ54-12 entitled "Colac"
(second edition, 1997);
(d) SJ54-7 entitled
"Hamilton" (second
edition 1997);
(e) SJ55-5 entitled
"Melbourne" (second
edition, 1997);
(f) SJ54-11 entitled
"Portland" (second
edition, 1997);
(g) SJ55-9 entitled
"Queenscliff" (second
edition, 1997);
(h) SJ54-4 entitled
"St Arnaud" (second
edition, 1997)
58